Asked in Divorce for North Carolina

Q: My wife and I separated over a year ago and I hired a non contestant attorney to handle my divorce.

She won't sign. She requested a 30 day extension and it's been 60. I haven't heard anything. What should I do? The attorney can't do anything else since she's contesting. I think she want half of my 401k. We have no children or any property to divide.

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1 Lawyer Answer

Amanda Bowden Houser

Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: None of what you are saying makes any sense what so ever. You say she won't sign - I can only think you mean sign for service of process because that's the only thing she'd need to sign for. She is not required to sign any paperwork in order for you to divorce her. You then say she requested a 30 day extension of time - well, she wouldn't be doing that unless she was served - which you are saying she won't sign for. If she was served, the only thing to contest would be the separation date or residency status and she would do that in an Answer not a request for an extension of time. If you mean she has filed an Answer asking for other things like half your 401K - that's a counter claim not 'contesting' the divorce. And even if she is counterclaiming - just sever the divorce for her claims and proceed with the divorce leaving the other stuff to be resolved later. As to what you should do - perhaps consider picking up a phone and call your attorney and have them complete the divorce portion of things which is what you hired them for. If they say they can't only two things are possible: 1) you have your story all sorts of mixed up or 2) you attorney is mistaken or lying to you. Of those two options I am banking on #1.

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